Terms of Service

Last revised: April 13, 2026

Welcome to Cornshake ("Cornshake," "we," "our," and/or "us"). These Terms of Service ("Terms") are a legally binding contract between you and Cornshake regarding your use of our website at https://cornshake.com, our platform, mobile applications, and any related services (collectively, the "Services").

BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.

ARBITRATION NOTICE. Except for certain disputes described in Section 16, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration. BY ACCEPTING THESE TERMS, YOU AND CORNSHAKE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

1. Overview

Cornshake is a platform that connects consumers with local businesses such as restaurants, cafés, salons, barbershops, and other merchants (collectively, "Merchants"). Our platform provides Merchants with tools including websites, online ordering, marketing automation, review management, loyalty and rewards programs, SEO and local search optimization, and customer engagement features. You may use the Services to discover Merchants, place orders, join loyalty programs, and interact with Merchants.

2. Cornshake Is Not a Merchant

Cornshake is a technology platform. Merchants operate independently of Cornshake and are solely responsible for compliance with all applicable federal, state, and local laws, including those governing the preparation, sale, and marketing of food and other products. Cornshake is not liable for any Merchant's food preparation, product quality, safety, or compliance with applicable laws. Cornshake does not independently verify and is not liable for any representations made by Merchants, whether or not made on or through the Services.

3. Cornshake Is Not a Delivery Service

Cornshake does not provide delivery services. Delivery may be fulfilled by the Merchant or by third-party delivery service providers. Cornshake makes no guarantees regarding delivery services, timing, or quality.

4. Eligibility

You must be at least 18 years old to use the Services. By agreeing to these Terms, you represent and warrant that: (a) you are at least 18 years old; (b) you have not previously been suspended or removed from the Services; and (c) your use of the Services complies with all applicable laws and regulations. If you are an entity, the individual accepting these Terms on your behalf represents that they have authority to bind that entity.

5. Accounts and Registration

To access certain features of the Services, you may be required to register for an account. You agree to provide accurate information and keep it current. You are solely responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us immediately at team@cornshake.com if you believe your account has been compromised.

6. Purchases

6.1 Orders

Certain features of the Services allow you to place orders from Merchants. Before completing any purchase, you will have an opportunity to review and accept the amounts you will be charged. All amounts are in U.S. Dollars and are non-refundable except as required by applicable law.

6.2 Pricing

Cornshake does not determine prices set by Merchants. Merchants reserve the right to set their own pricing for goods and services. Cornshake will make reasonable efforts to keep pricing information on the Services current but does not guarantee accuracy of pricing displayed.

6.3 Payment Processing

When you make a payment through the Services, your credit card information, billing information, and other financial data ("Payment Information") is processed by our third-party payment processors (e.g., Clover). The processing of your Payment Information is governed by the payment processor's terms and privacy policy. We do not collect, store, or process your full Payment Information.

6.4 Authorization

You authorize Cornshake and its third-party payment processors to charge all sums for purchases you make through the Services, including applicable taxes, to the payment method you provide. Cornshake or its payment processors may seek pre-authorization of your payment method prior to purchase.

6.5 Delinquent Accounts

Cornshake may suspend or terminate access for any account with overdue payments. Delinquent accounts may be charged fees incidental to collection of unpaid amounts, including collection fees.

7. Alcoholic Beverages

Some Merchants may permit ordering of alcoholic beverages through the Services. If you place an order that includes alcohol, you represent and warrant that you are at least 21 years of age. Upon delivery or pickup, you agree to present a valid government-issued identification verifying your age. Delivery or pickup of alcoholic beverages may be refused if you appear intoxicated or cannot verify your age. If alcohol is withheld under this Section, you will not receive a refund for those items.

8. Loyalty and Rewards Programs

Merchants may offer loyalty, rewards, or promotional programs ("Promotions and Rewards Programs") through the Services. These programs are managed by the Merchant, not Cornshake. Cornshake disclaims any liability arising from Promotions and Rewards Programs. Unless otherwise stated in writing by the Merchant, rewards or points have no cash value and may not be exchanged for cash.

9. Text Messaging

9.1 Consent

By providing your phone number and opting in, you agree to receive SMS messages from Cornshake and/or Merchants you interact with through the Services. Messages may include order confirmations, marketing and promotional content, loyalty program updates, and service notifications. Messages may be sent using an autodialer. Your consent to receive messages is not a condition of purchase.

9.2 Message Frequency and Rates

Message frequency varies based on your interaction with the Services. Message and data rates may apply. Cornshake is not responsible for charges imposed by your wireless carrier.

9.3 Opt-Out

You may opt out of SMS messages at any time by replying STOP to any message from Cornshake. You may continue to receive messages briefly while your request is processed. For help, reply HELP or contact team@cornshake.com.

If you wish to stop receiving messages from a specific Merchant, you must opt out of that Merchant's messages separately. Opting out of Cornshake messages does not opt you out of Merchant messages, and vice versa.

9.4 Phone Number Changes

If you stop using the phone number you provided, you agree to complete the opt-out process before discontinuing use of that number. You agree to indemnify Cornshake from any claims resulting from your failure to do so, including claims under the Telephone Consumer Protection Act (47 U.S.C. § 227) or similar laws.

10. User Content

10.1 User Content Generally

You may submit content through the Services, including reviews, photos, messages, feedback, and other materials ("User Content"). You retain any copyright and proprietary rights in your User Content.

10.2 License to Cornshake

By submitting User Content, you grant Cornshake a worldwide, non-exclusive, irrevocable, royalty-free, fully paid license (with the right to sublicense) to host, store, transfer, display, reproduce, modify, and distribute your User Content, in whole or in part, in any media, solely as necessary to provide and improve the Services.

10.3 License to Other Users

By making User Content available to other users through the Services, you grant those users a non-exclusive license to access and use that content as permitted by these Terms and the functionality of the Services.

10.4 Representations

You represent and warrant that: (a) you own or have the necessary rights to submit your User Content; (b) your User Content does not infringe any third-party right, including intellectual property, privacy, or publicity rights; and (c) your User Content is not objectionable, defamatory, harassing, or otherwise inappropriate.

10.5 Disclaimer

Cornshake is not obligated to monitor User Content and is not responsible for User Content posted by users. Cornshake may, at any time and without notice, remove User Content that violates these Terms or is otherwise objectionable.

11. Prohibited Conduct

By using the Services, you agree not to:

(a) use the Services for any illegal purpose or in violation of any law;

(b) violate any third-party right, including intellectual property, privacy, or publicity rights;

(c) interfere with or circumvent any security feature of the Services;

(d) upload or transmit any virus, malware, or other harmful code;

(e) use any automated system (bot, scraper, spider) to access the Services without prior written consent;

(f) harvest or collect information about other users without consent;

(g) make unsolicited offers or advertisements to other users;

(h) reverse engineer, decompile, or disassemble any part of the Services;

(i) reproduce, distribute, modify, or create derivative works of the Services or any content therein without prior written consent;

(j) misrepresent your identity or affiliation;

(k) sell or transfer your access to the Services; or

(l) assist or permit any person in any of the above.

12. Intellectual Property

The Services, including all software, interfaces, graphics, design, and content ("Materials"), are owned by Cornshake and protected by intellectual property laws. You may not use the Materials except as expressly permitted by these Terms. Cornshake reserves all rights not expressly granted.

13. Feedback

If you provide suggestions, ideas, or other feedback about the Services ("Feedback"), you grant Cornshake an unrestricted, perpetual, irrevocable, non-exclusive, royalty-free license to use the Feedback for any purpose without obligation to you.

14. Disclaimer of Warranties

YOU ARE SOLELY RESPONSIBLE FOR THE PROPER HANDLING, PREPARATION, STORAGE, AND CONSUMPTION OF PRODUCTS YOU PURCHASE THROUGH THE SERVICES. YOU ARE SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING PRODUCT CONTENTS BEFORE CONSUMPTION. CORNSHAKE DISCLAIMS ANY RESPONSIBILITY FOR FOOD PRODUCTS, DELIVERY SERVICES, OR PROMOTIONS AND REWARDS PROGRAMS PROVIDED BY MERCHANTS.

THE SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." CORNSHAKE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

CORNSHAKE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. NO ADVICE OR INFORMATION OBTAINED FROM CORNSHAKE OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, CORNSHAKE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS (THE "CORNSHAKE ENTITIES") WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE CORNSHAKE ENTITIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU PAID TO CORNSHAKE IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; AND (B) $100.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN THE PARTIES. THESE LIMITATIONS APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

16. Dispute Resolution and Arbitration

16.1 Generally

You and Cornshake agree that any dispute arising out of or relating to these Terms or the Services will be resolved through binding arbitration, except as described in Section 16.2. YOU AND CORNSHAKE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

16.2 Exceptions

Nothing in these Terms waives either party's right to: (a) bring an individual action in small claims court; (b) pursue enforcement through an applicable government agency; (c) seek injunctive relief in court in aid of arbitration; or (d) file suit to address intellectual property infringement.

16.3 Opt-Out

You may opt out of arbitration within 30 days of accepting these Terms by sending written notice to: Cornshake, Attention: Legal - Arbitration Opt-Out, 16192 Coastal Highway, Lewes, Delaware 19958 (Sussex County), specifying your full legal name, email associated with your account, and a statement that you wish to opt out.

16.4 Procedure

Any arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration is governed by the Federal Arbitration Act. The arbitrator has exclusive authority to resolve disputes about the interpretation or enforceability of this arbitration agreement. The arbitrator must issue a reasoned written decision. All proceedings are confidential unless otherwise agreed or required by law.

16.5 Notice of Arbitration

A party seeking arbitration must first send written notice to the other party by certified mail or Federal Express ("Notice of Arbitration"). The notice must: (a) describe the nature and basis of the claim; and (b) set forth the specific relief sought. The parties will make good faith efforts to resolve the claim within 30 days. If not resolved, either party may commence arbitration. Cornshake's address for Notice of Arbitration is: Cornshake, 16192 Coastal Highway, Lewes, Delaware 19958 (Sussex County).

16.6 No Class Actions

YOU AND CORNSHAKE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over any form of representative proceeding.

16.7 Fees

If your claim is for $10,000 or less, Cornshake will reimburse the filing fee. For claims above $10,000, fees are governed by AAA Rules. If the arbitrator finds the claim frivolous, fees are governed by AAA Rules and the other party may seek reimbursement.

16.8 Modifications

If Cornshake makes a substantive change to this arbitration provision, you may reject the change by sending written notice within 30 days, in which case your account will be terminated and the prior arbitration provision survives.

16.9 Enforceability

If Section 16.6 or this entire Section 16 is found unenforceable, or if Cornshake receives an Opt-Out Notice from you, the entirety of Section 16 is void and disputes will be governed by Section 17.

17. Governing Law

These Terms are governed by the laws of the State of Colorado, without regard to conflict of law principles. For any dispute not subject to arbitration, you and Cornshake submit to the exclusive jurisdiction of the state and federal courts located in Colorado.

18. Indemnification

You agree to defend, indemnify, and hold harmless the Cornshake Entities from any claim, liability, damage, loss, or expense (including reasonable attorneys' fees) arising out of: (a) your use or misuse of the Services; (b) your violation of these Terms; (c) your violation of any third-party right; (d) your User Content; or (e) any dispute between you and a Merchant.

19. Term and Termination

19.1 Term

These Terms are effective when you accept them or first access or use the Services, and remain in effect until terminated.

19.2 Termination

If you violate any provision of these Terms, your authorization to use the Services terminates automatically. Cornshake may also terminate your account or suspend access at any time, for any reason, with or without notice. You may terminate your account by contacting team@cornshake.com.

19.3 Effect of Termination

Upon termination: (a) your license rights end immediately; (b) you must cease all use of the Services; (c) you remain responsible for any unpaid amounts. Sections 10.2, 12, 13, 14, 15, 16, 17, 18, and 21 survive termination.

20. Modification of the Services

Cornshake reserves the right to modify or discontinue the Services at any time, temporarily or permanently, without notice. Cornshake will have no liability for any change, suspension, or termination of the Services.

21. Miscellaneous

21.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Cornshake. If any provision is found unenforceable, it will be limited to the minimum extent necessary; the remaining provisions remain in full force.

21.2 Modification of Terms

We may update these Terms at any time. Material changes will be communicated through the Services or by email. Continued use after changes constitutes acceptance. Disputes are resolved under the version in effect when the dispute arose.

21.3 Electronic Communications

By using the Services, you consent to receiving electronic communications from us. You agree that electronic notices satisfy any legal requirement that communications be in writing.

21.4 Assignment

You may not assign these Terms without our prior written consent. We may assign them at any time without notice, including in connection with a merger or acquisition.

21.5 No Waiver

Cornshake's failure to enforce any provision is not a waiver of that or any other provision.

21.6 Third-Party Links

The Services may contain links to third-party websites. Cornshake is not responsible for the content or practices of linked sites.

21.7 No Support Obligation

Cornshake is not obligated to provide support. Where support is offered, it is subject to published policies.

21.8 International Use

The Services are intended for users in the United States. Access from jurisdictions where the Services are illegal is prohibited.

21.9 DMCA

We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended).

21.10 Notice to California Residents

If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

22. Contact

Cornshake
team@cornshake.com
https://cornshake.com